BILL NUMBER: AB 1202	CHAPTERED  10/10/99

	CHAPTER   979
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 26, 1999

   An act to amend Sections 1247.4, 1247.63, 1247.64, 1247.66, and
1300 of, and to repeal Section 1247.95 of, the Business and
Professions Code, relating to hemodialysis technicians.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1202, Firebaugh.  Hemodialysis:  technician training.
   Existing law requires the State Department of Health Services to
adopt rules and regulations prescribing minimum training standards
for hemodialysis technicians who are certified, as specified.
   This bill would require the department to do so by July 1,  2001.

   Existing law provides for the regulation and training of
hemodialysis technicians.  Certain of these provisions relating to
certification and training will become inoperative on July 1, 2000,
and repeal these provisions on January 1, 2001.
   This bill would repeal these inoperative and repeal dates, and
make related and technical changes.
   Existing law provides that certification of hemodialysis
technicians is subject to review by the Joint Legislative Sunset
Review Committee, as specified.
   This bill would repeal those provisions.
   Existing law provides that a violation of the provisions relating
to hemodialysis technician training is a crime punishable as a
misdemeanor.
   This bill, by extending the operation of certain of these
provisions, would create a new crime and thus would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1247.4 of the Business and Professions Code is
amended to read:
   1247.4.  The department shall adopt rules and regulations, by July
1, 2001, prescribing minimum training standards for hemodialysis
technicians who are certified pursuant to paragraphs (2), (3), and
(4) of subdivision (a) of Section 1247.6.
  SEC. 2.  Section 1247.63 of the Business and Professions Code is
amended to read:
   1247.63.  (a) Certification of a hemodialysis technician issued by
the department pursuant to subdivision (a) of Section 1247.6 shall
be valid for four years.
   (b) Those hemodialysis technicians certified by the department or
the Board of Nephrology Examination for Nurses and Technicians
(BONENT) before January 1, 1995, shall, before January 1, 1996, apply
to renew their certification, or in the case of those technicians
certified by the Board of Nephrology Examination for Nurses and
Technicians (BONENT) obtain department certification, by submitting
the fee required by subdivision (n) of Section 1300 and proof of
previous certification.  The department shall automatically renew the
certification of those hemodialysis technicians who were certified
before January 1, 1995, and who apply for renewal pursuant to this
subdivision.
   (c) For renewals occurring on or after January 1, 1996, a
hemodialysis technician applying for renewal of his or her
certification shall submit proof that he or she has obtained 30 hours
of in-service training or continuing education in dialysis care or
general health care as a requirement for the renewal of his or her
certification.
  SEC. 3.  Section 1247.64 of the Business and Professions Code is
amended to read:
   1247.64.  A hemodialysis technician may obtain the in-service
training or continuing education required by subdivision (c) of
Section 1247.63 from one or more of the following sources:
   (a) Health-related courses offered by accredited postsecondary
institutions.
   (b) Health-related courses offered by continuing education
providers approved by the California Board of Registered Nursing.
   (c) Health-related courses offered by recognized health
associations if the department determines the courses to be
acceptable.
   (d) Health-related, employer-sponsored in-service training or
continuing education programs.
  SEC. 4.  Section 1247.66 of the Business and Professions Code is
amended to read:
   1247.66.  (a) The department may deny, suspend, or revoke the
certification of a hemodialysis technician if it finds that the
hemodialysis technician is not in compliance with this article, or
any regulations adopted by the department to administer this article.

   (b) The department may deny, suspend, or revoke the certification
of a hemodialysis technician for any of the following causes:
   (1) Unprofessional conduct, which includes incompetence or gross
negligence in carrying out his or her usual functions.
   (2) Procuring a certificate by fraud, misrepresentation, or
mistake.
   (3) Making or giving any false statement or information in
conjunction with the application for issuance or renewal of a
certificate.
   (4) Conviction of a crime substantially related to the
qualifications, functions, and duties of a hemodialysis technician in
which event the record of the conviction shall be conclusive
evidence thereof.
   (c) In addition to other acts constituting unprofessional conduct
within the meaning of this article, all of the following constitute
unprofessional conduct:
   (1) Conviction for, or use of, any narcotic drug, as defined in
Division 10 (commencing with Section 11000) of the Health and Safety
Code, or any dangerous drug, as defined in Article 7 (commencing with
Section 4211) of Chapter 9, or alcoholic beverages, to an extent or
in a manner dangerous or injurious to the hemodialysis technician or
any other person, or the public, to the extent that this use impairs
the ability to conduct, with safety to the public, the practice of a
hemodialysis technician.
   (2) Abuse, whether verbal, physical, or mental, of a patient in
any setting where health care is being rendered.
   (d) Proceedings to deny, suspend, or revoke a certification under
this article shall be conducted in accordance with Section 100171 of
the Health and Safety Code.
  SEC. 5.  Section 1247.95 of the Business and Professions Code is
repealed.
  SEC. 6.  Section 1300 of the Business and Professions Code is
amended to read:
   1300.  The amount of application, registration, and license fees
under this chapter shall be as follows:
   (a) The application fee for a histocompatibility laboratory
director's, clinical laboratory bioanalyst's, clinical chemist's,
clinical microbiologist's, clinical laboratory toxicologist's,
clinical cytogeneticist's, or clinical molecular biologist's license
is thirty-eight dollars ($38).  This fee shall be sixty-three dollars
($63) commencing on July 1, 1983.
   (b) The annual renewal fee for a histocompatibility laboratory
director's, clinical laboratory bioanalyst's, clinical chemist's,
clinical microbiologist's, or clinical laboratory toxicologist's
license is thirty-eight dollars ($38).  This fee shall be sixty-three
dollars ($63) commencing on July 1, 1983.
   (c) The application fee for a clinical laboratory scientist's or
limited clinical laboratory scientist's license is twenty-three
dollars ($23).  This fee shall be thirty-eight dollars ($38)
commencing on July 1, 1983.
   (d) The application and annual renewal fee for a cytotechnologist'
s license shall be fifty dollars ($50) commencing on January 1, 1991.

   (e) The annual renewal fee for a clinical laboratory scientist's
or limited clinical laboratory scientist's license is fifteen dollars
($15).  This fee shall be twenty-five dollars ($25) commencing on
July 1, 1983.
   (f) The application fee for a clinical laboratory license is six
hundred dollars ($600).
   (g) The annual renewal fee for a clinical laboratory license is
five hundred fifty-seven dollars ($557).
   (h) The application fee for a certificate of accreditation issued
pursuant to Section 1223 is one hundred fifty dollars ($150).
   (i) The annual renewal fee for a certificate of accreditation
issued pursuant to Section 1223 is one hundred dollars ($100).
   (j) In addition, clinical laboratories providing cytology services
shall pay an annual fee that shall be set by the department in an
amount needed to meet but not exceed the department's costs of
proficiency testing and special site surveys for these laboratories,
and that shall be based upon the volume of cytologic slides examined
by a laboratory.  If the amount collected is less than or exceeds the
amount needed for these purposes, the amount of fees collected from
those laboratories in the following year shall be adjusted
accordingly.
   (k) The application fee for a trainee's license is eight dollars
($8).  This fee shall be thirteen dollars ($13) commencing on July 1,
1983.
   (l) The annual renewal fee for a trainee's license is five dollars
($5).  This fee shall be eight dollars ($8) commencing on July 1,
1983.
   (m) The application fee for a duplicate license is three dollars
($3).  This fee shall be five dollars ($5) commencing on July 1,
1983.
   (n) The delinquency fee is equal to the annual renewal fee.
   (o) The director may establish a fee for examinations required
under this chapter.  The fee shall not exceed the total cost to the
department in conducting the examination.
   (p) The certification and renewal fees for hemodialysis
technicians certified under subdivision (a) of Section 1247.6 shall
be fifty dollars ($50).
   (q) The annual fee for a clinical laboratory subject to
registration under paragraph (2) of subdivision (a) of Section 1265
and performing only those clinical laboratory tests or examinations
considered waived under CLIA is fifty dollars ($50).  The annual fee
for a clinical laboratory subject to registration under paragraph (2)
of subdivision (a) of Section 1265 and performing only
provider-performed microscopy, as defined under CLIA is seventy-five
dollars ($75).  A clinical laboratory performing both waived and
provider-performed microscopy shall pay an annual registration fee of
seventy-five dollars ($75).
   (r)  The costs of the department in conducting a complaint
investigation, imposing sanctions, or conducting a hearing under this
chapter shall be paid by the clinical laboratory.  The fee shall be
no greater than the fee the laboratory would pay under CLIA for the
same type of activities and shall not be payable if the clinical
laboratory would not be required to pay those fees under CLIA.
   (s) The state, a district, city, county, city and county, or other
political subdivision, or any public officer or body, shall be
subject to the payment of fees established pursuant to this chapter
or regulations adopted thereunder.
   (t) In addition to the payment of registration or licensure fees,
a clinical laboratory located outside the State of California shall
reimburse the department for travel and per diem to perform any
necessary onsite inspections at the clinical laboratory in order to
ensure compliance with this chapter.
   (u) Whenever a clinical laboratory has paid registration or
compliance fees, or both, to HCFA under CLIA for the same period of
time for which a license is issued under Section 1265, the fee
required for the clinical laboratory license under subdivision (f) or
(g), and as adjusted pursuant to Section 100450 of the Health and
Safety Code, shall be reduced by the percentage of the total of all
CLIA registration and compliance fees paid to HCFA by all California
laboratories that are made available to the department to carry out
its functions as a CLIA agent in the federal fiscal year immediately
prior to when the license fee is due.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
